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Subject of Economic Law Research

Author: ZhangBo
Tutor: LiChangZuo
School: Southwest University of Political Science
Course: Economic Law
Keywords: Human value The suitability of the subject of economic law Subject of Economic Law typed The behavior of the subject of economic law The subject of economic law of conflict of interest
CLC: D912.29
Type: PhD thesis
Year: 2008
Downloads: 1572
Quote: 2
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Abstract


This article is a path to choose in accordance with the main study, the proper subject of the main type of main border, the main conflict of interest and coordination progressive layers discusses. A basic law of the era of the statute, as long as the law ought rules, the social run moments within the legal framework, the legal issues of the subject and its structure is closely related to the evolution of the law is a proposition. Legal subjects should be covered entity as well as on the legal aspects of how to define these entities should be attributed to the main concept of reflection. At the same time, when we explore the behavior of the main sense of positive law, can not easily be judged by the concept of a judge should use the scientific method. If the legislative thinking considering various factors, the choice on the basis of reasonable, open, then the resulting main system must be more reasonable. The civil law does reflect the general requirements of the market economy, but this reflects only due to the civil law objectively reflect human nature fit only the law of the market economy. In other words, the civil law can reflect the general conditions of the market economy, but the requirements of the market economy, the interpretation is not the sole purpose of civil law, civil law of this endogenous only one purpose, that the liberation of humanity under the state system. And civil law, the study of economic law the main reason why we must first default value of humanity and its aim to market failure as a starting point to explore the theory of deep-seated. In other words, the practical foundation of market failure as an economic law, it shows just some of the the objective outside economic and social phenomenon, its internal real profound reason is human nature. Human nature is formed based on the survival and development of a natural psychological tendencies. Economic Law of Human Nature and Human Nature civil law, civil law is fully commenced as a starting point to explore \Construction of the system of economic law subject should be based on identity, it is not historical regression, but as a product of the economic law of institutional change should be made to respond. This feature requires that economic law to explore human nature must be placed in the society of Only in this way, in order to highlight the main economic law that demand identity. From the human level, in terms of economic law to overcome or correct the lack of civil law view of human nature, and should establish the concept of \foundation of its specific reasons: First, the concept of \market failure to the system design, it would be only a single way of an ex post adjustment, it is difficult to obtain the true effectiveness. Economic law subject and other sectoral laws main obvious difference is that its specific nature, which is the identity of the subject of economic law requirements. Of course, based on the specific characteristics of the subject of economic law, must be typed. Diversity exists in reality, the main morphological types into four subject of economic law, and correspond to the respective rights (force), consumers of consumer rights, the right to freedom of economic operators, the government's national right to intervene groups and social organizations of economic and social autonomy. In Economic Law main study using humanized analysis path, which can provide a theoretical basis for the Economic Law main types of rights (force) as the standard division; economic law of human value preset purpose of the analysis for the behavioral law and economics The tool provides the theoretical premise. In addition, the study of the subject of economic law should also be the main areas of philosophical thinking artery, because the main economic law for the establishment of a rational human values, rather than simply the establishment of rules of conduct. Historical view of the entity body of ancient Greece to modern cognitive subject, and then to modern life subjects, constitutes the history of the development process of the theory of subjectivity, embodies the philosophy from ontology to epistemology, then this school steering . The logic of this process is, in theory, start of external matter, then through the intermediary of consciousness, and finally to the person itself regression, which shows Philosophy in the nature of the value of human existence, meaning and according. Civil law theory numerous subjects classified divided, its abstraction is a natural person, legal persons and other organizations, and thus in the abstract level a series of elegant and deduction. This main abstraction process greatly expand the system for the creation and application of space. However, as an independent legal department of economic law in the abstract of the main system and system creation rarely breakthrough, it has almost become the bottleneck of economic law theoretical innovation. Therefore, for economic law subject, it is necessary to follow specific - Abstract - specific cognitive thinking, that is the basis of the analysis of the existing main existing form, do some abstract attempt, but this abstraction process requires reflect the philosophical thinking on the subject and subjectivity, right (power) from the initial state of the body of humanity depth analysis of economic law, and then through the legal relations perspective, to review the economic law body. Of course, in this process, we must Economic Law main behavior analysis and the main interests of economic conflict and coordination problems. Civil law is the externalization of the meaning of human nature is a product of humanity's first liberation; economic rule is the internalization of Human Nature, in a sense, it is the result of the second liberation of the humanity. This paper is divided into five parts, the basic approach is the \research path to choose. It is mainly related to the subject of economic law on the premise of the study, including the the keynote economic law department of the main research method stance, the logical starting point of the economic law subject research, as well as the subject of economic law research general context of the subject of economic law research, also related to economic law the main historical differentiation and Institutional Change and Economic Law main border with breakthrough. Civil Law main triggered a \'s. Main only timely adjust in order to better adapt to the changing social system. At the same time, along with the carrying capacity overload society of freedom, has generated a demand in the free internal bound to, that is, under the impetus of the contract, will inevitably move towards ethical personality foundation, which just may mean the return of human nature. And strongly advocated humanism of modern society, in a sense, by the contract to the identity transformation will come out ahead, no doubt, as a product of the economic law of institutional change to meet this demand. Economic law is necessary to have the ability to respond effectively to institutional change and the lack of other legal departments. In this context, the main areas of economic law is bound to change. In this process, we must first clear the logical starting point of the research of the subject of economic law is freedom. Springing up in a market economy because of economic law, ought to explore the main issues of economic law within the framework of a market economy, the rational core of the market economy and free. In addition, economic law is the doctrine as the generation and development of the concept, which determines the economic law subject must be free as a logical starting point. Thus deduced to the specific study must follow the following ideas: economic restructuring is actually the foundation of the study of the subject of economic law; personality role of economic law subject research; review of the legal relationship between the Subject of Economic Law method. Economic Law main border breakthrough is part of the core content. Based on the analysis of economic law the main historical differentiation and institutional change, the introduction of a philosophy of thinking, that follow the modern philosophical thinking turned to the study of human nature path of economic law subject established. Personality body in the study of human nature path, explore the starting point and the end result of the study of economic law subject; theory of human nature is the the Economic Law main path theory support in this process by western human nature theories than Kam to find of Human Nature practice context eventually raised the value of the economic law of human nature to default and settled to the adaptation of the study of human nature on the subject of economic law. The second part is the issue of eligibility on the subject of economic law. Part investigation on Roman law, for example, a proper subject of the application of the grid in the philosophy of the main thinking, to find out the evolution of the main thinking and reality applies the theory and practice of philosophical thinking eligibility Economic Law . To infer philosophical thinking, subjectivity is the main body of the main characteristics of subjects as the main basis and conditions. Heidegger said, subjectivity construct the main body of the suitability of the subject including self for the self-discipline, initiative and freedom of conscious transcendence, apparently, their focus right (force) on. And then combined with fuzzy analysis and overcome the legal relationship of economic law, economic law subject eligibility by proposition judgment to determine the specific right (power) points. Because from the perspective of analytical jurisprudence, the right to be attributed to the technology to achieve the statutory obligations is no right (power) is the main concept behind the existing. This main concept of digestion on the right (power) highlights. That provide an idea for the study of the main economic law has specific characteristics, that is, around the right (power) commenced. After all, such as the analysis of the jurist said, the rights and obligations of the act or omission as the content of the law in a particular way to adjust the specific behavior. The reason why I deduced four rights of the subject of economic law (force), that is, consumer rights, the right to economic freedom, the right of state intervention and economic and social autonomy, is the establishment of economic law subject main departure from the type of economic law appropriate grid cognitive basis. The third part is the interpretation of the basic questions typed on the Subject of Economic Law. Economic Law of the main types of human value defaults to the guide, concentrated expression on the specific nature of the subject of economic law, economic law subject specific surface is determined by adjusting the object, but essentially, the subject of economic law The reason showed specific resistance is due to the people's understanding of human nature has changed, due to the law of value orientation occurred change is due to the progress of the spirit of humanism. Economic Law main type is the concrete manifestation of Economic Law main. The subject of economic law must be typed adhering to the ideas of the economic law human value default, so you can better solve the economic law phenomenon to explain the factual judgment and value judgments. Economic law is a set of rules system, many of them with the value of meaningful rules, but from the practical perspective, these rules cover the micro level and the macro level of social behavior, the former showed that from individual action to collective action; after who followed the opposite path, it shows a crossed differentiation, specialization, and thus towards each other intermediaries microscopic processes. These are implicit in the rule of law, and to seek the intermediary or carrier, you need to be exhaustively categorized induction, combing and interpretation of the relevant rules. This is a legal normative analysis method, this section select more representative of the Anti-Unfair Competition Law \The investigation of the subject of economic law and other legal norms, in addition to select such as macroeconomic regulation and control, as well as industry associations and other specifications are the main certification. On the basis of the above analysis are summarized Economic Law main boils down to four categories: consumer, business, government and organizations of social organization and their rights (force) in the Context of Economic Law Xiangjie define the specific as: consumer rights, the right to economic freedom, the right to state intervention, and economic and social autonomy. The fourth part is the analysis on the subject of economic law behavior. Subject of Economic Law theory to explain the force of the media is the economic law behavior, the part of the economic law of human nature value preset for the pilot, which determine the behavior to adapt to this economic law subject analysis tools, namely behavioral economics and behavioral law and economics, and the core idea of ??the analysis tools, the theoretical advantages as well as the practical utility explained eventually clear behavioral law and economics and the analysis of the behavior of economic law fit. Three criteria when it comes to determining the behavior of economic law subject boundary clear that the overall economic interests reasonable demands of the standard, the market Heli priority standards and standard dual perspective combining static and dynamic, and thus acts as the identification of market imperfections a boundary determined in the range of factors, the property rights sector as a behavior object boundary determined factors, cost-effective as the degree of behavioral boundary determined factors. In detail, in the behavior of economic law Deviation Correction to the consumer concept of justice as consumer behavior Deviation correction; concept of responsible government as the government acts Deviation correction; behavior of operators to the concept of social responsibility as partial loss of correction; joint and several liability as the groups social organizational behavior Deviation correction. Of course, to fully understand the behavior of economic law subject boundary must be released from the stereotype of the equilibrium model to focus on the dynamic, to seek an absolutely balanced the boundary component factors of the behavior of economic law, which depends on China the reflection and consideration of economic and social transformation, economic and social transformation of the fact that as the starting point of the cognitive correction accurately determined on the boundary of the behavior of the main economic law on the basis of the behavior of economic law Deviation. The fifth part is a conflict of interest on the subject of economic law and its coordination mechanism. First of all, the opening of this section is the main interest of economic law from the macro interpretation introduced in the interpretation of economic law subject interests of the state and market analysis paradigm, the basic consideration is the state and the market is economic law The relationship between the macro summarized the main interests of the two lines throughout the economic and social realities and economic law phenomenon, it can analyze delineated framework for the micro level of the main interests of economic law relationship. Economic Law of the main interests of the relationship change is a summary of the evolution of the law idea of ??the evolution of the law idea epitomizes the changes in the relationship of the main interests of economic law. Realistic response to the part starting from the economic law of the main interests of the relationship between historical dimension to analyze and Economic Law main interest was combing think that the reality of the economic law of the main interests of the relationship between response focused on market-based moral hazard caused the country intervention microscopic reconstruction. Secondly, the part of the awareness of economic law the main conflict of interest with the interpretation of the main interests of Economic Law of the root causes of the conflict boils down to three plight, that the plight of the public interest and public choice, bounded rationality with the plight of the unlimited power and Western markets economic template the Chinese path dependence plight. Again, in Economic Law main interests conflict resolution links to two typical cases as a guide, the main conflict of interest, the two-level hierarchical interpretation of state intervention and market freedom and market freedom and the autonomy of private law, and the main interests The bottleneck of the conflict - the public interest made the appropriate interpretation. Finally, in the analysis of the comparative advantage of the economic law resolve the main conflict of interest exists, advocated the integration of the main interests of economic law, and build from the following four aspects of the conflict resolution mechanism of the main interests of economic law, including: a in resolving the economic reconstruction of property rights protection mechanisms, accurate range of limited public interest; Second, the establishment of a credit information system, improve the credit system; perfect economic law procedures and systems of accountability, appropriate introduction of incentive mechanisms; effectively informal system law the main conflict of interest in the role of four specific ideas and ways.

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